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THE CLUB CONSTITUTION & BYE-LAWS

 

 

 

 

 

 

 

 

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CONTENTS

Rule        Page

 Index          1
1 Titles and Objects        2
2 Membership and Subscription    3-5
3 Trustees          5
4 Officers and Committee         6
5 Annual Accounts and Statements        7
6 General Meetings         7
7 Finance          8
8 The House          9
9 Moorings and Storage           9
10 Winding Up         10
11 Constitution and Bye-Laws               10
12 Liability for Injury        10

 

NB. The Club Bye-laws, which are subject to amendment from time to time and re-issued annually,

are given as a loose-leaf to this Constitution.

 

Issued December 2004

• Rev 1 Sept 2005
• Rev 2 Sept 2007
• Rev 3 Nov 2007
• Rev 4 Nov 2008

 

PLYM YACHT CLUB

 

CONSTITUTION

 

1 TITLES and OBJECTS

 

 

 1.1 The name of the Club shall be PLYM YACHT CLUB hereinafter referred to in these Rules as ‘the Club’

 

 

1.2 The premises of the said Club shall be Lang’s House, The Quay, Oreston, Plymouth, PL9 7NE, or at such other premises as the Committee may determine.

 

 

1.3  The objects of the Club shall be to promote and encourage waterborne activities and to provide social facilities for  the members.

 

 

1.4 The Club shall be affiliated to the Royal Yachting Association and the Port of Plymouth Sailing Association.

 

 

1.5 The Club shall wear the burgee of a blue pennant with a white spinnaker shape in its centre carrying a blue

three-bladed propeller.

 

 

       2 MEMBERSHIP and SUBSCRIPTION

 

2.1 Full Membership shall be open to adults who shall be entitled to the use of all Club facilities and shall have one vote. Where such members have reached State Retirement age and have held 20 years continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription, which shall be HALF the appropriate rate for the time being in force.

 

2.2 Family Membership shall be open to husband or wife or partner and/or wife or husband or partner and such of their children who are under 18 years of age on the 1st of October in each subscription year. Each adult shall be entitled to the use of all Club facilities and shall have one vote each. Where such members have reached State Retirement age and have held 20 years continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription, which shall be HALF the appropriate rate for the time being in force. Each child shall be known as a Cadet member and shall have the same rights as Cadet Members (Rule 2.4).

 

2.3 Junior Membership shall be open to persons aged 18 to 21 years on the 1st of October in each subscription year, or up to age 24 years for those continuing full time education on written application to the Committee. They shall be entitled to the use of all Club facilities, except moorings, within the Licensing Act for the time being in force or as laid down in the Bye-laws but shall have no vote. Entrance fee and Membership subscription shall be HALF the amount applicable for a Full Membership.

 

2.4 Cadet Membership shall be open to persons under the age of 18 years on the 1st of October in each subscription year. They shall be entitled to the use of all Club facilities, except moorings, within the Licensing Act for the time being in force or as laid down in the Bye-laws but shall have no vote.

 

2.5 Full Country Membership shall be open to adults’ resident outside a 30-mile radius of the Club premises. They shall be entitled to the use of all Club facilities, except moorings, and shall have one vote. Where such members have reached State Retirement age and have held 20 years continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription, which shall be HALF the appropriate rate for the time being in force.

 

2.6 Family Country Membership shall be open to husband or wife or partner and/or wife or husband or partner or and such of their children who are under 18 years of age on the 1st of October in each subscription year and who are all resident outside a 30 mile radius of the Club premises. Each adult shall be entitled to the use of all Club facilities, except moorings, and shall have one vote. Where such members have reached State Retirement age and have held 20 years continuous membership of the Club, they shall be entitled (by written application) to pay a reduced rate of subscription which shall be HALF the appropriate rate for the time being in force. Each child shall be known as a Cadet member and shall have the same rights as Cadet Members (Rule 2.4).

 

2.7 Temporary Members may be admitted to the Club at the discretion of the Committee for a period not normally exceeding 12 weeks in any one year. This period may be extended with the approval of the Committee. Temporary members shall pay a fee per week, which shall be determined by the Committee and published in the Club Bye-laws. The name of such a temporary member, his/her address in the neighbourhood and the period for which he/she desires to subscribe shall be entered in the temporary membership book kept by the Membership Secretary. No temporary members shall be admitted to the Club until at least two clear days after entry has been made in the temporary member’s book and the subscription has been paid. Temporary members shall not be entitled to introduce any friend within the Club, to propose or second any candidate for election to the Club or be present at any General Meeting of the Club.

 

2.8 Honorary Members may be elected only at a General Meeting. They may be such persons as the Club wishes to recognise for their services to the Club. They shall be entitled to the use of all Club facilities, except moorings, but shall have no vote.

 

2.9a Associate Membership shall be open to individual adults who shall be known as Associate members and to couples who shall be known as Joint Associate members and who shall only be entitled to the use of all Clubhouse facilities during the hours the Club is open. Such members shall have NO right to vote at any Meeting or General Meeting of the Club nor may they receive any benefit from the disposal of assets of the Club following the winding up of the Club (Rule 10.5).

 

2.9b Associate Membership may be enrolled up to a maximum of 30% of the Voting Membership currently enrolled.

 

2.9c Associate members and Joint Associate members shall be eligible to be co-opted to the Committee in a social capacity but under no circumstances shall they be appointed members of, or co-opted on to, the Wine Committee.

 

2.9d Associate members and Joint Associate members may on payment of the appropriate fee apply to become full voting members.

 

 

2.9e No Associate member or Joint Associate member may enter a yacht or dinghy in any Yacht Race or Dinghy Race organised by the Club, except by virtue of Sailing Membership of any other Club affiliated to the Royal Yachting Association.

 

2.10 Overseas Membership shall be open to individuals who reside outside the United Kingdom for a period of 10 months or more in any membership year. They shall be entitled to the use of all Club facilities except Moorings (Rule 9.6). Such members shall have no right to vote at any meeting or General Meeting of the Club nor may they benefit from the disposal of assets of the Club following the winding up-of the Club (Rule 10.5). Upon application for membership, a poste restante address shall be stated as appropriate. The rate of subscription for an Overseas Member shall be 10% of the then current rate for a Family membership of the Club.

 

2.11 Application for Membership shall be made on the appropriate form which when completed shall be signed by a proposer and seconder who shall be fully paid-up voting members. The form shall be passed to the Hon. Secretary along with the appropriate fee and the Hon. Secretary shall cause all application forms for membership to be prominently displayed in the Club premises for at least 7 clear days.

During this period any objection to the election of the proposed member shall be sent the Hon. Secretary. The application shall then be heard at the next full Committee meeting and the applicant informed by letter of the decision. Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or its premises.

 

2.12  Members shall be elected at a meeting of the Committee duly convened for that purpose. Candidates may, and on request of any one member of the Committee, shall, be elected by ballot, and one dissenting vote shall exclude

 

2.13 An entrance fee of such sum and in respect of such categories of member as a General Meeting shall decide, and published in the Club Bye-laws, shall be payable at  the time of application.  In the event of the proposed member failing to be elected the appropriate fee shall be returned.

 

2.14 Members according to their categories shall pay an annual subscription of such sum as agreed at a General Meeting and as set out in the Club Bye-laws. All members shall pay their first annual subscription upon election to the Club and thereafter on the 1st day of October each year provided that a member not being a member in the preceding year, elected to membership after the 1st day of January in any year shall be required to pay on election the Entrance Fee and an apportioned annual subscription which shall be laid down from time to time and published in the Club Bye-laws upon election to the Club and thereafter on the 1st day of October each year. Changes in the rate of subscription shall be proposed by the Committee to the members in General Meeting. Any such changes, if passed, shall become operative as from the day following the General Meeting.

Subscriptions shall fall due on the 1st day of October each year. If not paid by the last day of November, membership shall be deemed to have lapsed and the Committee shall have the power to delete the member’s name from the Club Register and that member shall cease to be a member of the Club, unless the member satisfies the Committee that a reasonable excuse existed for the member not having paid the same.

 

2.15 Every member on joining the Club impliedly undertakes to comply with these Rules and any Bye-laws and Regulations appended hereto and any refusal or neglect to do so or any conduct which, in the opinion of the Committee is either unworthy of a member or otherwise injurious to the interests of the Club, shall render a member liable to expulsion by the Committee; provided that, before expelling a member, the Committee shall call upon the member for an explanation of his/her conduct and shall give such a member an opportunity of defending himself/herself or of resigning membership. The vote on a resolution shall be by ballot and the resolution shall only be carried if not less than three quarters of the members of the Committee present, vote in favour of the resolution.

 

1. Any person approved by the Committee or by a Committee member duly authorised, and being currently a bona fide’ member of any Yacht/Sailing Club will be permitted access to the Club which shall be entitled to sell or supply to such person intoxicating liquor for consumption on the premises. Such approval shall specify between which dates (not being more than fourteen days apart) the said person may use the premises.

 

1. Affiliated Clubs or Schools: - the Committee shall have the right to affiliate organisations or schools with sailing interests, the terms of the affiliation to be decided by the Committee.

 

2.18 Any person who is a competitor or crewmember in any race sponsored by or on behalf of the Club is entitled to the use of the Club premises within a period of 24 hours before and after the race in which they are competing.

 

 

2.19 A member may introduce not more than two bona fide’ guests to the Club at any one time provided that both the guests and member concerned sign the Visitor’s Book immediately on arrival at the Club. A member signing quests in shall remain responsible for them whilst on Club premises. No guest shall be introduced on more than 6 occasions in any period of 12 months.

 

2.20 Any member desirous of retiring from the Club shall notify his/her intention to the Hon. Secretary on or before the 30th day of September in writing, otherwise he/she shall be liable for the next year’s subscription.

 

1. A Club Officer or any other person, who has received the authority of two members of the Committee, may expel any person who has the right to the use of the Club premises only under Rules 2.16 and 2.18.

 

2.22 An up-to-date list of members in alphabetical order indicating membership number and type of membership shall be available at the Club premises.

 

2.23 A list of applicants awaiting membership vacancies in order of application date shall be displayed on the notice board in the Club premises.

 

 

3  TRUSTEES

 

 

3.1 There shall be at least 3 Trustees of the Club who shall be appointed from time to time as necessary by a General Meeting of the Club from among members who are willing to be so appointed. A Trustee shall hold office at the pleasure of the Club or until he/she shall resign by notice in writing given to the Committee, or until a resolution removing him/her from office shall be passed at a General Meeting by a majority comprising two-thirds of those voting.   

 

3.2 All property of the Club, including land and investments, shall be held by the Trustees for the time being, in their own names so far as is necessary and practicable on trust for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee, a General Meeting shall appoint a new Trustee in his/her place, and shall as soon as possible thereafter take all lawful and practical steps to procure the vesting of all Club property into the names of the Trustees as constituted after the said appointment.

 

3.3 The Trustees shall in all respects act in regard to any property of the Club held by them, in accordance with the directions of      the Committee and shall have the power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising  or borrowing money for the benefit of the Club in compliance with the Committee’s directions (which shall be duly recorded in the Minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.

 

3.4       The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or in relation to any legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.

 

3.5   (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club).

          The liability of the Trustees for the performance of any contractual or other obligation undertaken by them on behalf of the Club shall be limited to the assets of the Club.

 

4 OFFICERS and COMMITTEE

 

4.1 The Officers and Committee members shall be as follows: -

 

Officers              Commodore, Vice-Commodore,

              Rear Commodore House, Rear Commodore Sail,

Honorary Secretary, Honorary Treasurer.

Committee         Membership Secretary, Bosun, Moorings Secretary, Dinghy Secretary,

              Yacht Secretary, Social Secretary, House Secretary, Cadet Secretary, Cruising Secretary

 

4.2 The Officers and Committee Members in Rule 4.1 shall be elected at the Annual General Meeting and shall serve a term of one year terminating at the close of the following Annual General Meeting and shall be eligible for re-election.

 

4.3 No candidate for election to any office shall be proposed unless the name of such candidate and his/her proposers shall have been received by the Hon. Secretary at least 4 weeks before the date of the Annual General Meeting together with the nomination paper.

 

1. A Commodore may not serve as Commodore for more than 2 consecutive years.

 

1. Any paid-up voting member of the Club shall be eligible to stand for election to any post except for the proviso in Rule 4.6, provided that they be proposed and seconded in the correct manner.

 

1. Nominees for Commodore must have served on the Committee for a period of not less than 2 consecutive years.

 

1. Nominees for Vice Commodore must have served on the Committee for a period of not less than one year.

 

1. The Committee shall elect any 3 of its members as a Wine Committee.

 

1. There shall be such sub-committees as shall be deemed necessary by the Committee to allow the Club to be run in an efficient manner. These subcommittees shall be chaired by a duly elected member of the Committee and may consist of such other Club members as necessary.

 

4.10 Both the Committee and sub-committees shall cause minutes of their proceedings to be recorded, and when approved as a true record they shall be kept by the Hon. Secretary at the Club so that they may be available for inspection by members upon request.

 

4.11 No meeting of the Committee may proceed with its business until a quorum of its members is present. A quorum shall consist of 6 members.

 

1. The Committee shall have the power to co-opt member in the event of a resignation or loss of a member for any reason. That   co-opted member(s) shall serve until the next Annual General Meeting of the Club, when a properly organised election shall take place.

 

1. The Trustees and Immediate Past Commodore shall be ex-officio members of the Committee and may exercise a right to vote at any meeting of the Committee attended by them.

 

 

5 ANNUAL ACCOUNTS AND STATEMENT

 

1.  At the Annual General Meeting each year a member/s or other person/s who are suitably competent shall be appointed whose duty it shall be to examine the Accounts of the Club for the current year, and shall sign that those accounts have been found to be correct or otherwise and shall report on the accounts at the Annual General Meeting. Such person/s shall be eligible for re-election or reappointment. In the event that the persons so appointed is/are unwilling or unable to act, the Committee shall appoint a substitute to hold office until the next Annual General Meeting.

 

5.2 A copy of the examined Accounts shall be distributed to the members with the Agenda for the Annual General Meeting.

 

1. The examined account of Income and Expenditure and a Statement of the Capital Assets of each Section of the Club as at the 30th day of September shall be in the hands of the Hon. Treasurer by the 31st day of October.

 

 

6 GENERAL MEETINGS

 

6.1 There shall be an Annual General Meeting of the Club to be held in November each year or at the very latest the first week in December which shall be held at suitable place.

 

6.2 Notice of such a meeting shall be sent to all members stating its time and place. Such notice shall be sent to the members not less than 6 weeks before the date of the meeting.

 

6.3 In the event of more than one nomination for a particular post, or more nominations than seats on the Committee, ballot papers shall be sent to all members along with their Agenda not less than 2 weeks before the Annual General Meeting. The votes shall be collected at the meeting and counted by two duly appointed tellers. The result of any such ballot shall be announced during the meeting.

 

6.4 An Annual General Meeting shall not proceed with its business until a quorum of 20 fully paid-up members is present.

 

6.5 Those entitled to vote at a General Meeting of the Club shall vote by a show of hands. Any motion to alter the Constitution must be carried by a two-thirds majority of those voting. All other motions will be carried by a majority of those voting.

 

6.6 Minutes of a General Meeting shall be recorded and kept in the same manner as those of any other meeting.

 

1.  The Committee may at any time, upon giving 14 days notice, call a General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business on the notice sent to the members.

 

6.8 The members shall have the power to call a General Meeting of the Club upon making written application to the Hon. Secretary with the signatures of not less than 10 paid-up voting members, or of one-fifth of the total number of members, whichever shall be the less. Such application shall state the business to be discussed at the meeting and no other matters shall be raised.

 

1. In the event of a General Meeting being called in such circumstances of Rule 6.7 and Rule 6.8 the Hon. Secretary shall notify the members in the same manner as for an Annual General Meeting.

 

1.  Such meetings in Rule 6.7 and 6.B may not proceed with its business until not less than 20 paid-up voting members are present including at least half the number of those making the application. In the event of no Club Officers being present, any member satisfying those present may take the chair. Minutes of the meeting shall be recorded and passed to the Hon.

 

 

 

 

7 FINANCE

 

7.1 The Club shall maintain appropriate insurance to cover the value of its property against loss or damage, and liability insurance to cover injury to persons for whom the Club may be responsible.

 

7.2 The Committee shall manage the affairs of the Club according to the Rules and shall apply the funds of the Club to the objects of the Club and shall make such bye-laws, rules and regulations as they think fit as to the management of the Club or its premises. The Committee, or Hon. Secretary as agent for the Club and its members, shall enter into contracts only so far as they are expressly authorised, or authorised by implication from the Rules. Neither the Committee nor Hon. Secretary shall, without the express authority of the membership, pledge the credit of the membership beyond the subscription payable by such membership in accordance with Rule 7.4 hereof.

 

1.  A member of the Committee, and Hon. Secretary or Hon. Treasurer in transacting business for the Club shall disclose to third parties that he/she is so acting.

 

1. In pursuance of the authority vested in the Committee by the members of the Club, members of the Committee are entitled to      be indemnified by the members of the Club against any liabilities properly incurred by them or by the Hon. Secretary on behalf of the Club whenever the contract is of a duly authorised nature and entered into on behalf of the Club. The limit of a member’. indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate unless the Committee has been authorised otherwise Meeting called under Rule 6.7 hereof.

 

1. All the properties, goods and chattels acquired on account or on behalf of the Club, and its sections, shall be the property of the Club, and shall be vested in the Trustees of the Club and shall be used only towards the promotion of the objects of the Club as set forth in these Rules.

 

1.  The Committee may, when authorised thereto by a General Meeting, hold, purchase or take on Lease any land or buildings, and may sell, exchange, mortgage, lease or build upon the land, with power to alter and pull down buildings and again rebuild.

 

1.   The Committee may, when authorised thereto by a General Meeting, obtain advances of money for the purposes of the Club   upon security of bonds or agreements or promissory notes or certificates of indebtedness or mortgages of real property of the Club or bills of sale on all or any of the goods and chattels of the Club, upon such terms as to interest and as to time and manner of the repayment of the principal as the Committee may determine.

 

1. No money or property of the Club or any gain arising from the carrying on of the Club shall be applied otherwise than for the benefit of the Club or for a benevolent or charitable purpose to be nominated by a General Meeting.

 

1.  All funds received on account or behalf of the Club or its Sections shall be banked in the name of the Club or its Sections and in such a manner as the Committee or its Finance sub-committee shall decide.

 

1. All cheques drawn on the Club shall be signed by any two nominated Club Officers.

 

1.  The financial year of the Club and its Sections shall be from the 1st day of October to the 30th day of September.

 

1. It shall be the responsibility of the Hon. Treasurer to keep a complete and accurate account of the Club’s finances.

 

 

1. THE HOUSE

 

8.1 The supply of intoxicating liquor and tobacco shall be under the sole control of the Wine Committee, who shall arrange for the purchase thereof on behalf of the Club and for the supply to members at such prices, as the Wine Committee shall from time to time determine.

 

8.2  The Wine Committee shall cause an account of all purchases and receipts to be kept and shall at every Annual General Meeting present a report and financial statement, for the preceding year. The Hon. Secretary shall furnish to the appropriate authorities all returns and accounts required by law, and the Wine Committee shall pay to him/her all monies required to be paid.

 

8.3   No Club member shall receive any monetary or other form of gain at the expense of the Club in the purchase or sale of liquor for and from the Club bar.

 

8.4 The Club premises will be open to members between the hours of 10.00 am and Midnight provided that the Committee shall have the power to extend, suspend or curtail these hours at its discretion.

 

1.  The supply of intoxicating liquor in the Club shall be on each weekday not being Christmas Day or Good Friday from 11.00 am to 11.00 pm and on Sundays and Christmas Day and Good Friday from 12 Noon till 10.30 pm and on any day for such longer hours as the Licensing Act may permit. The Committee shall have the power to suspend or curtail these hours at their discretion.

 

 

1. 9 MOORINGS and STORAGE

 

9.1 There shall be such moorings and boat storage available to members as shall be acquired by the Club. Those mooring and storage areas shall be administered by the Mooring Secretary on behalf of the Club.

 

9.2 Application for the use of a Club mooring shall be made on the appropriate form which when completed shall be passed to the Hon. Secretary or the Mooring Secretary.

 

9.3 Application for the use of Club boat storage shall be made in the same way as for moorings, stating the dimensions and type of boat.

 

9.4 Applications will be dealt with by the Committee and applicants informed by letter of the result. Those allocated moorings or storage space will be asked to sign an agreement accepting responsibility for their boat at all times.

 

9.5 Payment for moorings and storage shall be laid down from time to time and published in the Club Bye-laws, and such sums are due on the 1st day of March each year. Members requiring a mooring shall pay a non—returnable deposit of 25% by the 1st of February. The balance shall be paid by the 1st day of March. Any member(s) not paying the balance shall be excluded from a mooring at the discretion of the Committee.

 

9.6 Only Full and Family members may occupy or exercise any right or privilege of Club moorings.

 

 

10 WINDING UP

 

10.1 A proposition to cease the activities of the Club shall only be put to a General Meeting of the Club convened in accordance with Rule 6 and called not less than 6 months after an Annual General Meeting.

 

10.2 The proposition shall only be carried by three-quarters of the members present voting in favour of such proposition.

 

1.   Should the meeting decide in favour of the proposition then it will elect two auditors who shall, within one calendar month of the meeting, put the resolution to all members in the form of a referendum.

 

10.4 Ballot papers shall be returned to the auditors within 14 days of the date of their circulation, ballot papers returned thereafter shall be void. The auditors shall be responsible for and certify the accuracy of the count, the eligibility of members and all other matters relating to the referendum. They shall notify the Committee of the result within 7 days of the completion of the ballot.

 

10.5  Subject to three-quarters of the votes being in favour of the resolution then the Committee shall immediately circulate the result to all members and, within 21 days, convene a Special General Meeting at which the Trustees shall be responsible for winding up the Club and disposing of any assets to members in benefit or charities. Motion for this meeting shall be in the hands of the Hon. Secretary 14 days before the date of the meeting.

 

1.   The Trustees shall comply with the indicated instructions of the aforesaid General Meeting and shall convene a Public Meeting within 3 months of receipt of their instructions when they shall present proof of disposal of assets in compliance with such instructions.

 

 

 

11 CONSTITUTION and BYE-LAWS

 

11.1  The Club Constitution and Bye-laws shall be distributed to all members and to those authorities which require them. Any amendments to either document shall also be distributed as before. A copy shall be available in the Club at all times.

 

11.2  The Constitution of the Club may only be changed by a General Meeting of the Club on a proposal placed on the agenda for that meeting and circulated to members as laid down in Rule 6, except that the Committee shall have the power to make any minor amendments made necessary to comply with the requirements of the Courts in connection with the Registration of the Club.

 

11.3 The Committee shall have the power to make such Bye-laws as shall be necessary from the time to time to facilitate the businesslike running of the Club and compliance with any law or regulation appertaining thereto. Such Byelaws may only be made, changed or withdrawn by a notice of motion at a Committee meeting, which must be carried by a majority of the Committee at the meeting on which agenda, it appears.

 

1.   Any matter arising from the Club Constitution or the Club Bye-laws shall be sent to the Hon. Secretary (in writing) and shall be placed before the Committee, whose decision shall be final.

 

 

1. 12 LIABILITY for INJURY

 

12.1 The Club disclaims all liabilities for any injury sustained by members or their guests whilst on Club premises or whilst using property owned, hired by or loaned to the Club.

 

Club Regalia